RAM CHAND Vs. JAGAT RAM

JUDGEMENT

(1.) SHRI Purnu, the predecessor of the present Appellants, filed a suit for permanent injunction against the Defendant -Respondents that Plaintiff was owner in possession of the suit land and the original Defendant Shri Bale Ram be restrained from interfering in the possession of the Plaintiff over the said land. The suit land was measuring 16 Biswas situated in Phati Jana Kothi Nagar, Tehsil and District Kullu.

(2.) THE Defendant -Respondent contested the suit and it was pleaded that one Smt. Rattani was the tenant under the landlord Devta Jeev Narain, who was alleged to have relinquished her tenancy before her death in favour of said landlord and eversince, landlord was in occupation of the suit land through the Defendant who was the Kardar of the Devta. Parties were put to trial on the following issues: 1. Whether the Plaintiff is the owner in possession of the suit property as alleged? OPP 2. Whether the Defendant started interfering into the shit land as alleged? OPP

(3.) THE aforesaid judgment and decree were assailed on various pleas before the first appellate Court who, after hearing the parties, accepted the appeal and set aside the judgment and decree passed by the trial Court. The first appellate Court held that Purnu, the original Plaintiff, was not in occupation as tenant of the suit land and proprietary rights could not be granted in his favour.